Below is a reportback from Skye, a participant this year. Verbena, of Redwood Curtain CopWatch, wrote the following 3 paragraphs only to fill in what Skye was not present for.

Sending love & comfort & solidarity to young Andy Lopez‘ spirit and his family & community. 13 year old Andy was killed by Santa Rosa deputies on Oct 22.

from Verbena
On the night of Oct 22, 2013, while some protestors slept at Cesar Chavez park, a couple of us went, from midnight to 3am, to the Humboldt County Jail for “Welcome Out”! We sat in a car right near where people exit the jail, with a bin of warm socks and clothes, tobacco, and a sign on the windshield to welcome people out on the cold, blustery night. It is such a worthwhile and necessary activity; should be a regular thing. We encountered about 7 people who needed something warm, the use of a phone, maybe a cigarette, a friendly face and listening ears.

The next morning, October 23rd, people gathered for breakfast at Clarke Plaza, open to everyone who was hungry or wanting coffee or tea. One of Chris Burgess’ brother’s came by; this being the 7th anniversary of his brother’s death. Even those of us who never met Christopher during his short life, will always remember him.

After some music, some tears, and gathering up our signs, we marched and biked to Eureka Police Department where murder and cruelty are common practice. And where violent creeps, like Terence Liles, Rodrigo Reyna-Sanchez, Murl Harpham, and Justin Winkle, reside. We are not afraid to call that out. Then we moved on (happily) to the neighborhoods of Eureka, where we talked with folks, and people remember Christopher and show spirited agreement- from their cars, houses, and yards- with the messages in our chants and banners: STOP POLICE BRUTALITY, LILES IS A KILLER, BEING A YOUTH IS NOT A CRIME, R.I.P. ZACHARY COOK (DEC 23 1989-JAN 4 2007) KILLED BY EPD’S LILES, CHANGE IS POSSIBLE, WE REMEMBER CHRIS BURGESS. With dignity and strength, and care for each other, we decry and defy the intimidation of the police state. ~Verbena

from Skye 10-25-13
For the past eighteen years, cities across the United States have rallied on October 22nd to show solidarity against police brutality. I am learning that occurrences of police brutality are much more numerous and severe in the United States than they are back home in Canada. A sad truth that is only deepened through the discovery that such violence often leads to death. This sharp reality felt all too often in the communities of the most northern part of California where police brutality ranges from daily intimidation to outright murder, tasering to decades of confined isolation.

Typically a one day event, the March is extended to two days in Eureka to honour the memory of Christopher Burgess, a 16 year old who was shot by a Eureka police officer on October 23rd, 2006. The supporters met at noon on the 22nd to share in discussion, food, and sign making. Despite the cloudy skies and serious purpose, spirits were high with the anticipation to flex our vocal cords and work our legs during the march. The call went out to begin and we each picked up a sign and gathered outside the park on the street.

Marching along an unplanned route, the group walked past the high school as the students were being released for the day. Many showed their support to the idea of removing police from schools. An understandable reaction from students who are finding their schools resembling prisons more and more – security check points, undercover police, random locker searches, metal detectors. I hope we realize soon that treating people like criminals does not help in any way, especially when they are not. After a quick break the group continued to march through the city, waving signs, yelling chants, and throwing up peace signs to passing traffic.

Much to the group’s gratitude, the police encounters passed by without incident. Many people showed their support for our protest with honks from their vehicles as they drove by. The drivers who found themselves in a hurry were not too pleased with our presence on the street, even though we always left room for them to pass around. An understandable reaction to the injustice of having one’s life run by a clock – we wished them free time in response to their show of frustration. As the time to march came to a close, we stopped at another park to set up for the evening’s events.

An abundant feast was gifted to the sore footed group to nourish their bodies and hearts after the day’s walk. And while we ate, entertainment of the highest calibre was shared for our pure enjoyment. As night fell the community came a little closer together through the sharing of gifts and the exciting of our taste buds and ear drums. The live music provided reflection and introspection, as well as laughter and participation. Deeper connections were made as we were given space to share stories, jokes, and hugs. Through the coming together over a common surface problem, we are given practice to dive deeper into a shared community experience.

After dark fell, a humid, foggy candlelight vigil took the remaining group back to the day’s starting point for an overnight park camp out. This is where my path diverged – to return the next day in the late afternoon with one of my gifts – fresh cucumber mango guacamole and baked yam fries. Posted on a busy street corner with signs and free food for whomever was hungry, the group honored the fallen victims by sharing their stories with passerby’s. Another year to gather and remember those whose lives continue to be afflicted by the brutality of violence from those we give our trust to be protectors.

I am grateful for the opportunity to show support to a community bringing awareness to an important shadow of our culture – the disconnection that allows one person to take another’s life and to perpetuate violence of the most disgraceful sort. The pervasive and obvious favoritism, elitism, and corruption infecting the enforcement agencies of this area have left me stunned and humbled. I honor and acknowledge the challenges faced by a population of people who are dealing with such a horrible treatment on a regular basis. No being deserves oppression at any level – be it physical, psychological, or spiritual. To commit such acts of violence require a disconnection from one’s heart so vast that the whisper of consciousness seems to have disappeared entirely.

Somewhere inside, buried deeper in some, the spark of light resides and awaits its chance to be heard and felt. This light exists in all of us. A hell inside creates the horrors of our lives. The love inside creates heaven on Earth. In this dawning age of truth, justice, and integrity we are each asked to step into our highest expression and to take responsibility for the actions we take and words we speak. Are you looking at a badge, uniform, or costume – or are you looking into someone’s eyes and seeing them standing there – as scared as you are – as full of beautiful creative potential as you are? The resolution and healing processes being born through the new consciousness of humanity will seek not the false, demeaning, and inadequate deterrence and ‘punishment’ oriented solutions, but ones focusing on root causes, emotional healing, and collective community restoration. Sickness and health in a community is shared by all.

Please don’t forget to add wrap@wraphome.org to your Safe Sender/Primary Email list so that we end up in the right inbox!

WRAP recently launched the Homeless Bill of Rights (HBR) Campaign which seeks to provide a framework for communities to fight back against discriminatory local laws. We believe that people living on the streets deserve support and access to affordable housing, not criminalization for their mere presence on public land. We launched a social-justice-based campaign that will create bills which protect the following rights and prohibit the enforcement of any local laws that violate these rights:

1. Right to move freely, rest, sleep, & pray and be protected in public spaces without discrimination,

2. Right to occupy a legally parked vehicle,

3. Right to share food and eat in public,

4. Right to legal counsel if being prosecuted,

5. Right to 24-hour access to “hygiene facilities.”

The core of our HBR campaign is based on our outreach to homeless and poor people, in which we document their experiences with local police and private security. We have recently surveyed 1,276 people in five states and twelve cities. The civil rights violation people are experiencing everywhere are eerily similar. The main “illegal offenses” that homeless people are being harassed & criminalized for include: sleeping 81%, sitting or lying down 78%, and loitering or hanging out 66%.

We are seeing unprecedented campaigns by local municipalities to enact anti-poor people laws. (Seattle, Portland, Sacramento, Fresno, Albany, Hayward, San Francisco, Palo Alto, Los Angeles, Venice, San Diego, and the list goes on) “Quality of life” ordinances are criminalizing homelessness and preventing people from attaining basic needs such as resting and sleeping. Additionally, with limited resources and funding cuts, poor people have very little support and are faced with numerous barriers which make escaping homelessness impossible.

The time has come for a renewed national movement to protect the human and civil rights of poor and homeless people. WRAP is engaged in community organizing, research, public education, advocacy, and direct action efforts to build the power to defeat misguided housing legislation and overturn discriminatory “quality of life” laws.

Launching Los Angeles the Homeless Bill of Rights Campaign to End Criminalization

Albany has an obligation to do a better job for the homeless

October 22, 2013By: Paul Boden

Over the past decades, as federal funding for affordable housing nose-dived, the solutions to homelessness have been left to local governments. Though the effort has been far from perfect, almost all Bay Area cities have contributed resources to housing our region’s poorest residents. Many have spent significant city funds. But not Albany.

The city of Albany has no homeless shelter. It has next to nothing on providing affordable housing, for years. It has been out of compliance with state law regarding zoning for affordable housing since at least 1999.

San Francisco Supervisor Scott Wiener has introduced legislation to close all of SF’s public parks from 12 midnight until 5 am. This proposal will be voted on by the Board of Supervisor’s on Tuesday October 29th @ 1 pm.

The proposed law would:

Fine and jail people who are living/resting in public parks because they have nowhere else to go;- waste precious city funds on signs, fences, and costs of enforcement

Paul Boden is Western Regional Advocacy Project ‘s Organizing Director. He became homeless at the age of 16 after the death of his mother. Paul served as Executive Director of San Francisco’s Coalition on Homelessness for 16 years and was a founder of the Community Housing Partnership, a nationally recognized permanent housing corporation with optional supportive services. He has received dozens of community awards during the last twenty-five years and recognition from the city and county of San Francisco, the State of California, and the Congress of the United States. Paul regularly writes articles and op-eds and travels throughout the country giving talks and trainings.

In our August cover story, author Paula Lomazzi argued that we shouldn’t enact laws and policies that effectively make it a crime to be homeless. Lomazzi, formerly homeless herself and now the director of the Sacramento Homeless Organizing Committee, made a compelling argument in favor or community, compassion, and practical solutions to ending homelessness. Our readers agreed, with 67 percent indicating that they would vote against legislation that prohibited sleeping outside in their city.

Food Truck That Feeds Homeless Could Be Forced To Move From Streets Of Hollywood

October 16, 2013

The Los Angeles City Council is considering new regulations that could potentially shut down a food truck that has been feeding the hungry on the streets of Hollywood for more than 25 years. The Public Works Committee heard a motion introduced by Councilman Tom LaBonge Wednesday, which urges city departments to consider banning non-commercial food distribution in public rights of way, an initiative that would force the Greater West Hollywood Food Coalition to move.

Since winter started, people have died in Eureka because of the cold. Well, that’s not what the coroner’s office has documented, but that is the word on the street. The temperature is what killed them, but insensitive policies might be more culpable than the winter weather. Upon walking into the Rescue Mission in Eureka, one has a breathalyzer inserted into their mouth to determine whether or not they will be allowed to have a cooked meal, bathe, and sleep inside for the night. If one doesn’t pass, then they are cast out into harsh conditions.

When alcohol is consumed and makes its way into one’s bloodstream it usually gives a sensation of warmth. This is deceptive, because alcohol causes blood to thin and increases blood flow near the skin. This means that blood which is flowing near the skin will be rapidly affected by the cold,which then inhibits one’s body from maintaining homeostasis. This causes the human body to loose its ability to sustain a living temperature, which increases one’s susceptibility to hypothermia.

This is relevant when one is denied access to shelter for having a drink and is forced, out of bodily necessity, to sleep underneath a building, in the woods, or out in a field. When one sleeps outside in Eureka they have to be concerned about the Eureka Police Department harassing them throughout the night. This tends to happen either through selective enforcement or violence.

By selective enforcement, an officer giving one a citation for illegal “camping”, which one probably can’t afford later, and which may become an active warrant. Or sometimes selective enforcement takes shape in other ways. In Eureka and Arcata people are commonly profiled for looking poor and arbitrarily searched for drugs without probable cause or reasonable suspicion. Sometimes people who are profiled as being on the street are detained for no decent reason. For instance, a kid that I befriended while I was living at the Arcata Night Shelter showed me a detainment certificate one morning that he was given two days prior. When I asked him why he was detained, he told me that he didn’t know. Apparently, when he was walking down the street in Arcata, minding his business, a cop car rolled up, put him in handcuffs, and forced him into the back of the car. He was never told specifically why he was detained, the most that was told to him was that he looked like he was about to do something suspicious.

By violence, having your tent, tarps, or temporary shelter intruded upon, ransacked, and destroyed. Your belongings will be rendered unsalvageable and thrown into a locked dumpster. After being criminalized and dehumanized, there are few material possessions left to stay dry and warm which leaves one hoping they don’t die of hypothermia. Or sometimes violence takes shape in other ways. My friend “star gazer”, who I met during my stay at the Arcata Night Shelter, was lifted off of the sidewalk and thrown onto the concrete after she refused to communicate with cops who were asking her why she had blood on her forehead. She was unconcerned, minding her own business, and did not have any obligation to talk to the cops. They detained her and towed the car that she was living in which was parked at the end of the street. Because of this, she had nowhere to go after her car was impounded. Because she had nowhere safe to go after this happened, and because she was alone, she got taken advantage of one night and ended up getting raped. This would have never happened if her car was not impounded for no decent reason.

Houseless people continue to die and unnecessarily suffer. This is because they are denied access to shelter for drinking; because their possessions are looted and trashed; because of the callousness of John Shelter behind New Directions; because of the policies and the people at the Eureka Rescue Mission; because of the current policies, the lack of policies, and the lolly-pop lady at the Arcata Night Shelter; and because of the sick brutality of the Eureka Police Department.

New Directions claims to be an organization which stewards the environment by “cleaning up” trash left behind from people sleeping outside as well as “cleaning up” encampments themselves. New Directions also prides itself in giving houseless people opportunities to give their life a “new direction” by paying them to “clean up trash” and by providing them with temporary living quarters. This facade sounds endearing, but the reality is that “cleaning up” usually takes the form of abusive behavior that has included stealing people’s tarps, tents, sleeping bags, backpacks, and personal belongings and throwing them into a locked dumpster so they can not be retrieved later. John Shelter is the man behind New Directions who started the agency, organizes the policies, and recruits new people to work for him. Prior to starting New Directions, he was the manager at the Arcata Service Center. Having been in these positions, one would hope that he would be considerate and respectful towards people who live outside. But, people who have collaborated with him seem to think otherwise. Kathy Anderson was the coordinator at the Arcata Endeavor from 1988 to 1995 which mainly operated to provide food to hungry people. She was also the director at the Arcata House for a period of time which mainly operated to provide transitional living for people. Kathy has conviction that one is entitled to live their life in any way that one is inspired to do so, and she does not rely on a “middle class standard” as a means to gauge how she should relate to other people. She had the opportunity to work alongside John Shelter as well as participate in community meetings with him. As a result of having relations with the same people, Kathy was able to observe how John Shelter relates to people who live outside or are in low income situations. She described him as not being for the people, as being completely loyal to his sources of funding at the expense of people’s livelihoods, and as being driven by a conquest for power, an attitude of self-importance, and the desire for prestige. While working at the Arcata Service Center he consistently exercised biases against people who drank alcohol or who he found a reason not to like. This discrimination took place through denying these people services such as food, when the only qualification to get food should be whether or not one is hungry. In short, his personal prejudices inhibited people from receiving services when they were in need of services. During the 5 years that Kathy Anderson ran the Endeavor she never had to call the police to resolve disputes among guests. According to her coworker, Verbena, she managed the Endeavor with integrity and respect. She worked with people by “having a program that fit the needs of the people rather than people fitting the needs of the program.” But, when the Arcata Endeavor began to accept federal funding in the form of block grants, and later when John Shelter came into the scene, things began to seriously change. Having worked at the Arcata Endeavor for three and a half years, Verbena witnessed these changes as they began to take place. John Shelter quickly garnered a reputation for relying heavily on police presence to run things. The cops began to come through the Service Center on a day-to-day basis to run warrant checks on people who were trying to get a meal or clean up. The programs became rigidly structured. Everything became computerized and every person who wanted to use services was documented into an electronic database. As the director of the Arcata Service Center, John Shelter began to determine who could be at the Service Center, how people had to behave, he would be inquisitive and intrusive about whether or not people were on drugs or alcohol, he antagonized people, and he consistently called the cops on people for suspecting their behavior to be caused by mental illness or the influence of intoxicants. This disrespectful mentality that the management pushed towards guests was indicative of internalized biases against houseless people and low income people. This lack of respect encouraged guests to have a lack of respect towards the management. The social relations continued to worsen between guests and management, and the Arcata Service Center gradually fell apart. John Shelter continues to operate within this framework of prejudice and discrimination through New Directions. John Shelter’s sick mentality continues to reveal itself through his current actions towards houseless people. These actions include his on-going collaboration with the Eureka Police Department. When New Directions is not merely picking up litter outside of the Bayshore Mall or cleaning up after an event, John Shelter and his co-opted recruits prowl around Eureka looking for tent or tarp situations to dismantle. After an outdoors living situation is scoped out, then the New Directions’ crew will contact the cops if the person is at the site. Depending on the situation, the police may detain and arrest the person who is staying at the site. Otherwise, people are issued a citation rather than being cuffed and taken away. But, what past instances have shown to be constant is that the New Directions’ crew will raid one’s tent or tarps, loot all of their belongings, destroy all of their belongings, and then throw them into a locked dumpster. As someone who works with youth who live outside, I regularly come into contact with people who have some sort of relations with the agency. Earlier this week, a kid who works for New Directions, came into my work to use services. I asked him about the agency and how “camps” are handled and he was pretty forward spoken about the procedure. He straight up described instances in which he has gone out with the rest of the crew to locate places where people camp out. On occasion, he said, the cops handcuff the person who is sleeping outside for “camping”, and then after this person is taken away, New Directions will raid and destroy their possessions at the site.

The Eureka Rescue Mission has a questionable reputation amongst many people who have stayed there, and is loaded with a lot of terrible associations for a lot of people who have spent time there. From personal experience, I would rather sleep outside behind a building rather than going back to the Mission for provisions. I associate the Mission with a man that I met there one night when I was eating dinner. I was new in town and did not really know my way around. It was my first time eating dinner there, and he offered to take me to a better spot to stay for the night after I finished eating, and I went along with it because he came across like a decent person, and because the Mission is incredibly dispiriting. He even said that he did not want to ask me for anything. He told me that it was rare to have someone want to help you without expecting anything in return. We walked across town, stayed at the devil’s playground, and then he molested me. It is difficult to communicate the sensation of powerlessness and helplessness over myself within the situation and within the dynamic with him. I felt sexually violated and like my dignity was completely compromised. I was pretty clueless as to where else I could go, or what to do, or how to handle the situation. It was like I did not take myself to be capable of somehow leaving the situation. We were sleeping in one of the abandoned chambers where timber used to be stacked. He was able to pick up on me being queer, but tried to suggest that I was “like him” through subliminal questions and provoking mind-games inside of my head. He was wearing an ankle brace, I think that he had raped other people before. He tried to create a complex inside of me. I think that it was my second day in Eureka. I am much more familiar with how to handle situations like this now, especially how to handle situations with older men who have special interest. Anyways, that is what comes to mind when I think of the Rescue Mission, and I have consistently heard sleazy memories being elicited with the mention of that place. My friend Jimmy told me about an experience that he had with the Mission. He had one beer earlier in the day, went to the Mission later in the evening to eat and rest, and was then denied access because the light in the breathalyzer falsely indicated that he was intoxicated. One should not be denied access to food and shelter for being under the influence of alcohol. There are many people on the street who have a physical dependency on alcohol. Because of this addiction, they are not able to actively get around, communicate, and do things if they are forced to suddenly stop all alcohol consumption. When one is going through withdrawal from alcohol, and the body is detoxing itself, one is increasingly dysfunctional if they do not have lesser amounts of alcohol to help their body and mind work through the dependency. A girl that I met on the streets in Portland comes to mind. If she did not have a beer by mid-morning, then she would be overwhelmed with nausea, she told me that she can’t stop herself from throwing up when this happens. It is not fair, decent, or reasonable to expect guests at a shelter to immediately conform to a standard of sobriety that they may not be physically or psychologically capable of meeting because of their past levels of alcohol use and because of their current dependency on alcohol to function. The Rescue Mission offers a New Life Discipleship Program, which serves as a “clean and sober” program, but it is not without conditions. Despite one’s belief system, value structure, or spiritual orientation it is required that one must complete a minimum of 600 hours of “structured bible study” by the end of the one year program. One should not have to study the Bible for 600 hours for a temporary residential situation to become sober. The side of the Rescue Mission van that drives around town states in bold lettering “ Rebuilding broken lives, one life at a time.” Similar to the prison system, the faith-based shelter system aims to subdue people into states of obedience, compliance, and powerlessness. This happens through manipulating one’s sense of self worth, compromising one’s integrity, and by convincing one that they are “in the wrong” and that they need to “change their ways.”

When I was staying there, we would refer to the Arcata Night Shelter as The Island. It is on the outskirts of Arcata and the only way that one is meant to come or go is by the van that comes to town at designated times. Most of the time the van driver is the head staff member who I will refer to as the lolly-pop lady. I only stayed at this shelter for around two months, but this was enough time to get insight into the poor decisions she made and the people that were directly affected. The first memory that I have of her was when I boarded the van one afternoon outside of the library. I did not realize that she didn’t notice me inside until she accused me of sneaking on the next morning when she was driving us back into town, told me that she was “at capacity,” and that I should try to get into the Rescue Mission in Eureka instead. I was not willing to stay at the Rescue Mission because of my past experiences and associations. I shared the news with someone who worked at the drop-in that I was going to, they told me I was being discriminated against, and were able to open up a space for me by calling and voicing that suspicion. I was then given intake and accommodations, but during my stay there I saw person-after-person turned away day-after-day. The usual excuse for rejecting people in need was that the shelter was “at capacity”, but the meaning of “capacity” was unspecific. Some afternoons when capacity was asserted, there would be no more than 15 or 16 people. Then, some evenings there would be around 20 to 25 people sharing the space with one another. Capacity was relative to the lolly-pop ladies mood at the time of pick-up. Occasionally, new faces would be allowed to come to The Island. Usually, they would be turned away, with absolutely no help or concern as to what they would do that night or where they could go instead. Not only would people in need be excluded from services, but people in need would also be sporadically kicked out for two weeks. My friend “canary” had been staying at the Night Shelter for three nights, did not have any better alternatives, and did not have any belongings other than the clothing she was wearing. One afternoon, when she was walking to the laundry room to get her bedding and a towel, a host’s son accused her of being on pills once he was out of ear-shot of anyone else. He responded to her frustration at this accusation by phoning the lolly-pop lady. She drove the van back to the shelter several hours later, picked up “canary” despite her wanting to stay, and despite there being nothing to suggest that she had consumed pills, and dropped her off that night somewhere in town. I haven’t seen her since then. A month or so later, a friend of mine was accused of stealing some tobacco from a fellow guest. Despite there being no evidence to prove that he had done this and no legitimate reason to suspect this, he was prohibited from returning to the shelter for two weeks because of this accusation. He did not have anywhere to go, and he did not have sufficient gear to be staying outside. The last time that I saw him was a few days after he had been 86’d when he dropped into my work and told me about what went down.

There needs to be alternative shelter options in Humboldt. There needs to be different policies at the current shelters in Humboldt. There should not be an imperative on sobriety at these shelters that causes people to be denied services. There needs to be enough room to accommodate every person who wants to sleep inside. People should not be denied food for arbitrary reasons. People should not be marginalized for being perceived as mentally ill. People should not be demeaned, reduced, talked down to, or dehumanized by anyone, but especially through agencies that claim to help people in need. People should not have their belongings stolen from them, destroyed, and thrown into a dumpster by agencies that claim to steward the environment. People should not be given citations for sleeping. People should not be searched without probable cause or reasonable suspicion. People should not have to endure acts of violence from the APD and the EPD. People who look poor should not be questioned, handcuffed, and apprehended for no decent reason. People who live outside should not have their lives threatened by hypothermia because they are not allowed a place to stay inside.

Eureka Officers Viciously Beat Martin and Left Him to Die in Jail Cell

Eureka, CA: A jury delivered a resounding victory for plaintiffs in a police misconduct civil rights case by awarding the total sum of $4,575,000 against the City of Eureka and Eureka police officers Adam Laird, Justin Winkle, and Gary Whitmer for the death of Martin Cotton II. Punitive damages were assessed against the three officers. Mr. Cotton, a 26 year-old man living on the streets died of blunt force head trauma. The plaintiffs, represented by attorneys Dale K. Galipo and Vicki I. Sarmiento of Los Angeles County, were Mr. Cotton’s 5 year-old daughter and his father. The jury found that Officers Laird and Winkle used excessive force, and that all three officers failed to provide medical care.

On August 9th, 2007, Eureka police officers Winkle, Laird, Whitmer, and five others were involved in beating an unarmed Martin Cotton II to death. In broad daylight, officers pummeled Mr. Cotton’s head and body then brought Mr. Cotton to jail, failing to seek medical assistance for him. Expert testimony presented by the plaintiffs established that timely medical care would have saved Mr. Cotton’s life. Mr. Cotton died in the jail cell within two hours.

Painful video of Mr. Cotton dying in jail was presented during the trial.

The fatal beating of Mr. Cotton occurred outside the Eureka Rescue Mission. Police were dispatched to the Mission for a disturbance involving Mr. Cotton. When they arrived, Mr. Cotton was no longer in the Mission and was alone and defenseless. Laird and Winkle claim they ordered him to put his hands behind his back and he did not move. Both officers pepper sprayed him, Officer Winkle kneed him in the ribs and forced him to the ground where the officers beat him. Mr. Cotton made no moves against the police and remained prone on the concrete. Officer Whitmer (the third officer on the scene) gave a running kick to Mr. Cotton, battered him with a baton, and pepper-sprayed him. More officers arrived and joined in the beating. The trial of Siehna Cotton et al v. City of Eureka included police readily admitting they they sat on Mr. Cotton, forced his head onto the concrete throughout the beating, kicked him, hit him with a metal baton, kneed at his vulnerable organs, deployed pepper spray three times, and did not seek medical assistance for him afterward. The officers, however, denied hitting Mr. Cotton in the head, most likely because blunt force head trauma was determined as the cause of death. Crucial testimony came from two civilian witnesses who bravely reported that they had indeed seen at least Officer Winkle pounding on Mr. Cotton’s skull multiple times on the concrete. One witness said he heard “fist-to-skull”, “bone-on-bone” from those head strikes.

The verdict was announced September 23, 2011 after a two week trial and 7 hours of jury deliberation in Federal Court in Oakland. Siehna Cotton was awarded $1,250,000 for the pain her father suffered and $2,750,000 for wrongful death damages. Marty Cotton Sr. was awarded $500,000, which required plaintiffs to show that the officers’ actions “shocked the conscience.” The jury also found that the officers acted with “malice, oppression, or reckless disregard” to the decedent’s or plaintiffs’ rights, and assessed punitive damages, $30,000 from officer Winkle, $30,000 from officer Laird, and $15,000 from officer Whitmer.

Mr. Cotton was one of many people killed by police in the Humboldt region from fall 2005 to fall 2007.

Attorney Vicki Sarmiento hopes the verdict sends shockwaves to other officers who may consider committing such atrocities in the future. “We don’t want this to happen to anyone else. We as a community, we as a society, cannot tolerate it.” Ms. Sarmiento speaks of the victory, “The jury’s decision showed respect for Martin Cotton’s life. They acknowledge the wrong that occurred and acknowledge that Martin’s life had value. The issue of human dignity and humanity is what this is about, and that everyone has a right to have that.”

Martin Cotton Family Awarded Over $4.5 Million in Trial Against Eureka Police (VIDEO included)

The resounding jury decision could not have happened without the years of dedication by Redwood Curtain CopWatch; the courage, strength, and graciousness of Marty Cotton Sr.; the critical solidarity and organizing of the Oscar Grant Committee; the generosity of a few righteous Oakland attorneys; the networking and sharing of resources by Berkeley CopWatch; the bravery of the civilian witnesses to tell the truth; and the sharp, brilliant, hard work from the Cottons’ attorneys, Vicki I. Sarmiento and Dale K. Galipo.

Solidarity from people in and near Oakland throughout the trial – some being folks in the IWW, the Transport Workers Solidarity Committee, the SDS and MDS – has been so important.

Having read yesterday’s article from the Eureka Times-Standard, I want to make something clear. Contrary to how the local Humboldt mainstream media would like to misconstrue reality, the Eureka cops, through their brutal punches and slamming of Martin’s head on the concrete, then throwing him in a cell without medical help, killed Martin. The cops caused his painful death and used their hands to do it. And the jury got a grave understanding of that, and decided on a “wrongful death” verdict.

This federal jury decision in the Cotton case is a victory and gift for the people. I hope that people who live outside, live on the streets in and around Eureka can breathe easier; feel proud for the marching, protesting and speaking out about Martin’s death; and also feel some vindication because the brazen intimidation and violence that the cops inflict on people living on the streets has been officially recognized.

Thank You, Martin “Fred” Cotton.

We will continue to work together for DIGNITY for all lives.

Long Live Martin Cotton! Long Live Troy Davis! Long Live the Strength of the People and Power of the Truth! ~Verbena

Below is a great summary.

Martin Cotton Family Awarded Over $4.5 Million in Trial Against Eureka Police, Interview: Video

by dave id Friday Sep 23rd, 2011

On August 9th, 2007, Eureka police officers Justin Winkle, Gary Whitmer, Adam Laird, and five others were involved in beating an unarmed Martin Cotton II to death. Eureka police pummeled Martin Cotton’s body and head in broad daylight, using pepper spray repeatedly. Martin Cotton was then sent to jail without being offered medical treatment. He died in jail within about an hour. A federal civil rights lawsuit in Oakland was filed to seek justice for Martin on behalf of his young daughter. The case, Siehna Cotton et al v. City of Eureka, included the testimony of police readily admitting they beat Martin Cotton all over his body and did not seek medical assistance for him afterward. The police however denied that they hit Martin Cotton in the head, most likely because blows to the head were determined to be the cause of death.

At about 1pm on September 23rd, the verdict was announced for the two-week trial. A seven-person jury found unanimously in favor of the plaintiffs, big time. Siehna Cotton was awarded $1,250,000 for the pain Martin Cotton suffered at the hands of Eureka police and $2,750,000 for wrongful death damages. Additionally, Marty Cotton Sr. was awarded $500,000, which required plaintiffs to meet the highest burden of proof in a civil trial, that is that the murder of Martin Cotton “shocked the conscience.” A rare award of punitive damages against the three officers required a finding of “malice, oppression, or reckless disregard” to the decedent’s or plaintiffs’ rights, for which the jury assessed $30,000 from officer Winkle, $30,000 from officer Laird, and $15,000 from officer Whitmer, who arrived at the scene late but joined in on the beating.

Crucial to the verdict was the testimony of two witnesses who bravely reported that they had indeed seen at least officer Winkle striking Martin Cotton’s skull. Painful video of Martin Cotton dying in jail was presented during the trial which obviously effected jurors, four of whom wore black in solidarity with the family today as the verdict was read.

In the video below, Cotton family attorney Vicki Sarmiento and Verbena Lea of Redwood Curtain CopWatch speak about the verdict re-establishing Martin Cotton’s humanity and the shockwaves they hope the decision will send through the ranks of police who may consider committing such atrocities in the future.

Quote from MDS, SDS, and Oscar Grant Committee:“This victory uplifts our spirits and gives us strength to step up the struggle against police violence, brutality, murder and other forms of state repression that occur on a regular basis. One victory , many battles still to be fought”